Footzyrolls Rolled into Tootsie Roll’s Mark?

Tootsie Roll Industries is suing small business shoe designer, Rollashoe LLC, for Lanham Act violations in the Northern District of Illinois. At issue in this case is whether Rollashoe’s trademark, Footzyrolls, likely causes confusion with Tootsie Roll or dilutes the value of the Tootsie Roll mark.

Although tootsie roll is probably best known as a chewy, chocolate flavored confection, the Tootsie Roll mark doesn’t just appear in connection to the candy. It also appears on footwear, accessories, and clothing. The mark Footzyrolls is registered for footwear accessories, like “rollable ballet slippers, drawstring bag for alternate shoes and a small purse bag for the rollable slippers all packaged together in the small box.”

Rollashoe designs shoes that are “rollable” and can easily fit in a purse, so the shoes can be readily available to women who need an alternative to the often painful shoes they may be wearing.

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